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1988 Supreme(Raj) 859

NAVIN CHANDRA SHARMA
Mohd. Shariff – Appellant
Versus
Shakura – Respondent


Advocates:
For the Petitioner:Bhagwati Prasad, Advocate.
For the Non-Petitioner:M.L. Garg, Advocate.

JUDGMENT

1. - Mst. Shakura made an application on December 19, 1983 before the Judicial Magistrate at Bhadra under sub-section (1) of Section 125 of the Code of Criminal Procedure for an order against her husband Mohd. Sheriff petitioner to make a monthly allowance at the rate of Rs. 500/- with effect from September 30, 1982 for her maintenance Mst. Shakura was married to the petitioner about ten years before the making of the above application according to Muslim rites and she lived with for about eight years in the matrimonial home. About 21/4 years before the date of making of the application Yusuf, father of Mst. Shakura, had brought the latter to his house at Bhadra. According to Mst. Shakura, her husband did not thereafter come to her father's house to take her back and, therefore, her father himself brought her to the house of her husband but the latter refused to admit her to the matrimonial home. Yusuf had, therefore, to make her back to his own house. On September 30, 1982 Mst. Shakura, therefore. made an application under sub-Sec. (1) of Section 125 of the Code of Criminal Procedure before the Judicial Magistrate against the petitioner. After the evidence of Mst. Shakura


































































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